Dr. Brian Drew

The applicant sought a non-earner benefit and a medical benefit for occupational therapy following a motor vehicle accident.

The Licence Appeal Tribunal dismissed the application.

The adjudicator found the applicant failed to prove a complete inability to carry on a normal life, noting she had resumed many pre-accident activities such as driving long distances and attending exercise classes.

The adjudicator also denied the occupational therapy treatment plan, finding it was submitted specifically for whiplash-associated disorder, whereas the applicant's evidence supporting the need for therapy related entirely to cognitive deficits from a concussion.

Claims for interest and a special award were consequently dismissed.

The applicant was seriously injured in a motorcycle accident and received income replacement benefits until the insurer terminated them in March 2010.

The applicant sought ongoing benefits, arguing he was completely unable to engage in suitable employment until he completed computer repair training.

The insurer relied on surveillance and medical assessments to argue he could return to light sedentary work.

The arbitrator found that the applicant's completion of high school equivalency and demonstrated ability to sit for extended periods during commutes and classes indicated he was capable of resuming sedentary office work by September 2012.

Income replacement benefits were awarded for the closed period from March 2010 to September 2012.

The claim for a special award was dismissed, as the insurer's reliance on surveillance to terminate benefits was reasonable.